!!!CROSSROADS –
LIFE OR DEATH!!!
Death a word that shakes up the entire Human World. Death is
the fear that awakens the human world to do good deeds. Every human has a Right
to live as per the Article19 of the Indian Constitution, but our Indian Constitution
does not allow living and enjoying the rights by destroying or violating the
rights of the other human being.
Crimes in India are as old as society, where only the forms
are changing. Simple theft and frauds are changing into Rape, Molestation, and
Murders. The intense punishment had also to be changed according to the crimes
committed, in ancient times the crime was simple and the law was unwritten so
the punishments were limited to fines, but later the law went in written form
and punishments became scarier and stricter. Looking at the increasing crime
day by day, the Indian constitution added punishment of Death Penalty or
Capital Punishment to its Judiciary System.
Capital Punishment also is known to many as the Death
Penalty. The topic is a sensitive and most debated topic between the people. It
is the last judgment on the Right to Live. Capital Punishment is one of the
important parts of the Indian Judiciary System/Indian Criminal Justice. Death The penalty is only given to the very rare offenses.
Capital Punishment is a legal action taken against the
violation of the law, where death penalties are handed only to rarest offenses.
India got its separate codification in 1860 after independence, which in turn
provided the death penalty for the offenses like murder. Soon after two
decades, an application was filed by Raj Sabha and Lok Sabha for the
abolishment of such punishments by private members wherein none of them were
taken into consideration.
No direct verdict was
made for such punishment but many migrating factors were taken into
consideration before pronouncing such sentences. The points considered were the
circumstances of the crime committed, intention, gravity, age, family status.
The accused is given every right to defend himself/herself.
In India, according to National Crime Report Bureau (NCRB),
many of the murders are committed in the heat of anger, hatred; inter-caste
marriage, religion, politics, and more.
Violence cannot be finished with Violence as Gandhiji said
that, an eye for an eye policy can make the whole world blind. Life is God’s
gift to man and no one has the right to take it away. People believed by
killing a person how the crime can be finished by murdering one more. The
counter-argument is that the sentence is never pronounced lightly till the
guilty is made proven guilty.
Recently Supreme Court passed a verdict of Death Penalty to
the 4 men convicted in the hilarious act of gang rape of Nirbhaya (Name
Changed) in Delhi in the year 2012, wherein the Supreme Court amended the law in
the year 2013 by adding new sections regarding violence against women in minor
girls. Supreme Court also ruled that the mandatory death penalty will be
unconstitutional.
Section 416 of the Criminal Procedure Code (Crpc) says
that if a woman is sentenced to death Penalty and is found to be pregnant, High Court can postpone its verdict and if it can change into Life Imprisonment.
As per the constitution of India, every accused has a right
to defend him or by filing a mercy petition in the High court. The constitution
also says if the petition is rejected by the High court, the accused can move
to Supreme Court rejected from there, he or she can file a petition to
President of India or State Governor.
Only the time will tell if it is the right decision, but
till then opinion says retention is the best policy, as it is the application
in such a manner that its efficiency is retained though its harshness is diluted.
Life Imprisonment is the rule and Capital Punishment is an expectation as
always.
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